Doctors, nurses, dentists, pharmacists, therapists, accountants, real estate professionals, contractors, and other licensed professionals can face concerns that extend far beyond criminal court. Depending on the profession and circumstances, a misdemeanor conviction can potentially lead to scrutiny by a California licensing agency, disclosure requirements, an investigation, or professional discipline.

A misdemeanor conviction does not automatically mean that you will lose your professional license. California law generally focuses on whether a conviction is substantially related to the qualifications, functions, or duties of the profession, although profession-specific statutes and regulations can also apply.

The Law Office of Kristine Koo represents professionals facing misdemeanor and felony criminal charges throughout Orange County. Attorney Kristine Koo is a former prosecutor, former public defender, and experienced criminal defense attorney who has tried more than 50 jury trials. When a client’s livelihood may be affected by a criminal case, the potential consequences outside the courtroom should be considered before important decisions are made inside it.

Will a Misdemeanor Conviction Cause Me to Lose My California Professional License?

Not necessarily.

California Business and Professions Code section 490 permits a licensing board to suspend or revoke a license based upon a criminal conviction if the crime is substantially related to the qualifications, functions, or duties of the profession.

This distinction matters. The fact that an offense is a misdemeanor does not automatically make it insignificant to a licensing agency. Conversely, the existence of a misdemeanor conviction does not automatically establish that someone is unfit to practice a profession.

Business and Professions Code section 493 identifies factors used in determining whether a crime is substantially related, including the nature and gravity of the offense, the amount of time that has passed, and the nature and duties of the profession. Licensing boards cannot simply categorically exclude an applicant based solely on the type of conviction without considering evidence of rehabilitation.

The specific offense and profession can therefore make an enormous difference.

An Orange County Misdemeanor Arrest Does Not Automatically Mean You Will Lose Your License

An arrest, criminal charge, conviction, and licensing disciplinary action are different events.

Being arrested does not mean that you are guilty. Being charged does not mean that the prosecution can prove its case beyond a reasonable doubt. Even a conviction does not necessarily mean that a licensing board will revoke a professional license.

This is one reason early criminal defense can be so important.

Before a conviction occurs, there may be opportunities to challenge the evidence, seek dismissal, pursue diversion when available, negotiate a reduction, or defend the case at trial.

For a professional, the difference between an arrest followed by dismissal and an arrest resulting in a conviction can be extremely important.

Do I Have to Report a Misdemeanor Arrest or Conviction to My California Licensing Board?

There is no single reporting rule that applies to every California professional license.

Reporting requirements depend upon the licensing agency, profession, type of criminal event, and applicable statutes and regulations. Professionals should therefore avoid assuming either that every arrest must immediately be reported or that nothing needs to be disclosed until license renewal.

Physicians provide an important example. Under Business and Professions Code section 802.1, a physician and surgeon must report a conviction, including a guilty verdict or plea of guilty or no contest, for any felony or misdemeanor to the licensing authority within 30 days. The statute also contains reporting requirements concerning certain felony charges.

Registered nurses are subject to their own licensing requirements. The California Board of Registered Nursing requires renewal applicants to disclose misdemeanor and felony convictions as part of the renewal process.

Other boards and agencies have different requirements.

A licensed professional facing criminal charges should determine what rules apply to that specific license rather than relying on general advice about California professional licensing.

Why the Specific Misdemeanor Charge Matters

Some misdemeanor convictions may attract greater licensing scrutiny because the underlying conduct relates more closely to professional responsibilities.

DUI and Professional Licenses

A misdemeanor DUI can create licensing concerns, particularly for professionals working in health care or other occupations involving public safety, judgment, or access to controlled substances.

One DUI conviction does not automatically establish that a professional is unable to safely perform their duties. However, circumstances such as prior alcohol-related incidents, drug involvement, a collision, or other aggravating allegations may increase professional concerns.

The criminal defense should therefore address the DUI itself while recognizing that a licensed professional may have additional career interests at stake.

Domestic Violence and Battery

A domestic violence arrest can arise from an argument that escalates quickly. Police may make an arrest based upon statements, visible injuries, witness accounts, or other circumstances encountered at the scene.

Penal Code section 243(e)(1) applies to battery involving certain intimate partners. More serious injury allegations may result in prosecution under Penal Code section 273.5.

For licensed professionals, allegations involving violence, judgment, or personal conduct can potentially attract scrutiny depending upon the profession and facts. These cases may also involve conflicting statements, self-defense, insufficient evidence, recanting witnesses, or disputes about what actually happened.

Theft, Shoplifting, and Crimes Involving Dishonesty

A misdemeanor theft conviction can be particularly concerning for professionals whose occupations depend upon honesty, fiduciary responsibility, financial transactions, or client trust.

Petty theft may be prosecuted under Penal Code sections 484 and 490.2, while Penal Code section 459.5 addresses shoplifting under specified circumstances.

A case involving relatively inexpensive merchandise may seem minor from a criminal sentencing perspective. For an accountant, real estate professional, contractor, insurance professional, or another person entrusted with money or property, however, a theft-related conviction may create additional professional concerns.

Drug Possession and Licensed Professionals

California Health and Safety Code sections 11350 and 11377 address possession of various controlled substances. Many simple possession cases are prosecuted as misdemeanors, but misdemeanor classification does not necessarily eliminate licensing concerns.

Drug allegations may be especially sensitive for physicians, nurses, pharmacists, and other health care professionals because their duties can involve patient safety, medication, and access to controlled substances.

The circumstances surrounding possession can therefore matter significantly.

How Misdemeanor Convictions Can Affect Doctors and Health Care Professionals

Physicians may face professional consequences when a conviction is substantially related to the practice of medicine. Business and Professions Code section 2236 provides that conviction of an offense substantially related to the qualifications, functions, or duties of a physician and surgeon constitutes unprofessional conduct.

Doctors should also be particularly attentive to the reporting requirements of Business and Professions Code section 802.1.

Nurses can similarly face licensing scrutiny following criminal convictions. Depending upon the circumstances, offenses involving theft, violence, substance abuse, dishonesty, or conduct affecting patient safety may raise professional concerns.

Dentists, pharmacists, psychologists, therapists, clinical social workers, and other health care professionals operate under their own licensing statutes and regulations. The correct analysis therefore depends on both the criminal charge and the particular profession.

Real Estate Professionals, Contractors, Accountants, and Other License Holders

Criminal convictions can also affect professionals outside health care.

Business and Professions Code section 10177 provides grounds for discipline involving California real estate licensees, including certain substantially related criminal convictions. Because real estate professionals regularly handle significant transactions and occupy positions of trust, allegations involving theft, fraud, or dishonesty may be especially important.

For contractors, Business and Professions Code section 7123 provides that conviction of a crime substantially related to the qualifications, functions, and duties of a contractor constitutes grounds for disciplinary action.

Accountants and other financial professionals can face particular concerns when allegations involve dishonesty, fraud, theft, or financial misconduct.

Therapists and clinical social workers are also subject to profession-specific disciplinary provisions. Business and Professions Code section 4992.3, for example, identifies conviction of a crime substantially related to the qualifications, functions, or duties of the profession as potential unprofessional conduct for specified behavioral health licensees.

The lesson is straightforward: there is no universal rule for every licensed professional.

California Business and Professions Code Sections 480, 490, and 493

Three statutes are particularly important when discussing criminal convictions and California occupational licensing.

Business and Professions Code section 480 primarily addresses applicants for licenses. For boards governed by the statute, it generally limits the use of substantially related convictions to those occurring within the preceding seven years or where specified incarceration falls within the statutory period, subject to important exceptions, including certain serious felonies, sex-registration offenses, and specified financial felonies for particular professions.

Business and Professions Code section 490 addresses existing licensees. It authorizes covered boards to discipline a licensee for a substantially related criminal conviction.

Business and Professions Code section 493 addresses the substantial-relationship analysis and requires consideration of the nature and gravity of the offense, the passage of time, and the nature and duties of the profession.

These provisions demonstrate why someone should not assume that all misdemeanors have the same professional consequences.

Protecting Your Professional License Starts Before You Enter a Plea

A plea agreement that appears favorable in criminal court may not necessarily be the best outcome for a licensed professional.

Suppose someone is offered probation, no jail, and a modest fine in exchange for pleading guilty to a misdemeanor. A defendant without licensing concerns might view that offer primarily through the lens of criminal punishment.

A licensed professional should ask another question:

What could this particular conviction mean for my career?

Depending upon the case, a criminal defense attorney may investigate whether evidence can be suppressed, witness allegations can be challenged, charges can be dismissed or reduced, or a different resolution is available.

No attorney can guarantee that a charge will be dismissed or reduced. But licensing concerns should be identified before a plea is entered whenever possible.

Can Diversion, Dismissal, or Reduction Help Protect a Professional Career?

California law provides diversion opportunities for some misdemeanor defendants. Penal Code section 1001.95 authorizes judicial diversion for many misdemeanor offenses, although certain crimes are excluded.

When a defendant qualifies and successfully completes diversion, the criminal case may ultimately be dismissed. Other cases may be resolved through dismissal, reduction of the original charge, negotiation of a different offense, or acquittal at trial depending upon the evidence and circumstances.

For a professional, avoiding a conviction may have benefits extending well beyond criminal sentencing.

The availability of any particular outcome depends upon the charges, criminal history, evidence, court, prosecutor, eligibility requirements, and other circumstances.

Can Expungement Help With a Professional License?

Penal Code section 1203.4 permits many people who successfully complete probation and satisfy other requirements to seek dismissal of an eligible conviction.

Expungement can provide meaningful benefits, but professionals should not assume that it completely erases a conviction for every licensing purpose.

Business and Professions Code section 480 provides significant protections concerning qualifying dismissed convictions when someone is applying for a license. However, Business and Professions Code section 490 recognizes disciplinary authority involving an existing licensee notwithstanding a subsequent Penal Code section 1203.4 order.

Penal Code section 1203.4 also contains disclosure provisions relating to applications for public office and licensure by state or local agencies.

The effect of an expungement therefore depends upon the professional’s circumstances and licensing status.

A Misdemeanor Can Put Years of Education and a Professional Career at Risk

A licensed professional may have spent years earning degrees, passing examinations, completing clinical hours, building a practice, developing a client base, and establishing a professional reputation.

For that person, avoiding several days in jail may not be the only objective in a misdemeanor case.

A criminal conviction can potentially affect employment, credentialing, professional insurance, advancement opportunities, reputation, and licensing. The financial consequences of professional discipline can greatly exceed the fine imposed by the criminal court.

That is why professionals should approach misdemeanor cases differently. The defense should consider not only what happens at sentencing, but what happens afterward.

Why Professionals Facing Misdemeanor Charges Choose the Law Office of Kristine Koo

Kristine Koo brings experience from multiple sides of the criminal justice system.

She began her criminal-law career as an Assistant Public Defender and later served as a Deputy District Attorney, where she prosecuted misdemeanor cases, including DUIs. She subsequently returned to criminal defense and has handled cases ranging from misdemeanors to serious felonies and appeals.

Kristine Koo has tried more than 50 jury trials. Her experience as a former prosecutor provides insight into how prosecutors evaluate evidence, decide whether to file charges, negotiate cases, and prepare for trial.

For professionals, discretion and communication can be especially important. A doctor, nurse, therapist, business owner, real estate professional, contractor, or other license holder may need a defense strategy that recognizes that a criminal case can affect much more than freedom.

The Law Office of Kristine Koo approaches each case individually, evaluating the evidence, potential defenses, criminal exposure, and consequences that may affect the client’s future.

Facing a Misdemeanor in Orange County? Protect Your Career Before Entering a Plea

If you are a licensed professional who has been arrested, cited, charged, or placed under investigation for a misdemeanor in Orange County, do not assume the case is insignificant simply because it is not a felony.

A misdemeanor plea that seems manageable in criminal court may have consequences that matter much more to your professional future. Before accepting a plea or making important decisions about your case, understand the criminal allegations and consider how the proposed resolution could affect the career you have worked years to establish.

The Law Office of Kristine Koo represents professionals and other individuals facing misdemeanor and felony charges throughout Orange County. Attorney Kristine Koo can evaluate the prosecution’s evidence, identify potential defenses, explain the criminal process, and pursue an appropriate strategy based upon the circumstances of your case.

If your career, reputation, and professional future may be affected by an Orange County misdemeanor case, contact the Law Office of Kristine Koo to discuss your case and your options as early as possible.

Unfortunately, the same crowds that make the holiday memorable can also lead to significant law enforcement activity. During the July 4, 2026 holiday, Newport Beach police reported making hundreds of arrests as officers responded to large crowds, fights, illegal fireworks, alcohol-related incidents, and other public safety concerns throughout the Peninsula. Many of those arrested had never before been involved in the criminal justice system.

If you were arrested or cited during the Fourth of July weekend in Newport Beach, you may have questions about what happens next. Whether the allegation involves public intoxication, disturbing the peace, resisting an officer, assault, theft, DUI, or another offense, an arrest does not mean you will ultimately be convicted. Every case depends on its own facts, the available evidence, and the prosecution’s ability to prove the charges beyond a reasonable doubt.

The Law Office of Kristine Koo represents individuals accused of crimes throughout Orange County, including cases arising from holiday weekends, beach events, and incidents on the Newport Beach Peninsula. Attorney Kristine Koo is a former prosecutor who understands how criminal investigations are evaluated from the government’s perspective. That experience allows her to identify weaknesses in the evidence, evaluate charging decisions, and develop strategies designed to protect her clients’ futures.

Why the Fourth of July on the Newport Beach Peninsula Is Different

Few locations in Southern California experience the concentration of visitors seen on the Balboa Peninsula during the Fourth of July weekend. Areas surrounding Newport Pier, Balboa Pier, McFadden Square, Balboa Boulevard, the Balboa Fun Zone, the Oceanfront Boardwalk, and nearby residential streets become crowded from morning until well after dark.

Because of these conditions, the Newport Beach Police Department typically increases staffing and coordinates with other public safety agencies to address crowd management, traffic, alcohol enforcement, illegal fireworks, and emergency response. Officers are expected to respond quickly to developing situations involving large groups of people, which can result in arrests made under fast-moving and sometimes confusing circumstances.

Crowded environments can make it difficult to determine exactly what occurred during an incident. Witnesses often provide conflicting accounts. Cell phone videos may capture only a portion of an encounter. Background noise can make it difficult to hear police commands. Individuals attempting to leave an area may be mistaken for participants in an altercation. These factors can become important when reviewing the legality of an arrest and evaluating the strength of the prosecution’s evidence.

Reported Criminal Investigations Following the July 4, 2026 Holiday

News reports describing the July 4, 2026 law enforcement response indicated that officers investigated a wide range of alleged criminal activity on the Peninsula. Although every case is unique, several types of allegations commonly arise during large holiday gatherings.

Public Intoxication

One of the most common offenses investigated during major beach events is public intoxication under California Penal Code section 647(f). The law does not make it illegal simply to consume alcohol in Newport Beach. Instead, prosecutors generally must prove that a person was under the influence to such a degree that they were unable to care for their own safety or the safety of others, or that they interfered with the use of a public way.

In crowded holiday settings, that distinction can become important. Fatigue after spending hours in the sun, dehydration, medical conditions, or the confusion created by large crowds may sometimes be mistaken for intoxication. An experienced criminal defense attorney will carefully review the officer’s observations, body-worn camera footage, witness statements, and other available evidence before accepting the conclusions contained in the arrest report.

Disturbing the Peace and Disorderly Conduct

Arguments, loud confrontations, and physical altercations can quickly escalate when thousands of people gather in a confined area. As a result, some individuals may face allegations of disturbing the peace under Penal Code section 415 or related offenses.

These cases often require careful analysis because not every heated exchange constitutes a crime. Self-defense, conflicting witness accounts, mistaken identity, and protected speech may all become important issues. In a busy location such as the Newport Beach Peninsula, investigators must often reconstruct events using multiple videos, independent witnesses, and law enforcement reports before determining what actually occurred.

Failure to Disperse and Unlawful Assembly Allegations

When public safety conditions deteriorate, law enforcement may declare an unlawful assembly and order people to leave a particular area. Reports concerning the July 4, 2026 events indicated that officers issued dispersal orders as they attempted to restore order in portions of the Peninsula.

Whether a person knowingly violated such an order depends upon the specific facts. In some situations, individuals may not hear the announcement because of crowd noise. Others may be unable to leave immediately because exits are blocked by large groups of people. These circumstances should be carefully investigated before any conclusions are drawn regarding criminal liability.

Resisting, Delaying, or Obstructing a Peace Officer

California Penal Code section 148(a)(1) prohibits willfully resisting, delaying, or obstructing a peace officer performing lawful duties. This charge is frequently filed during large public gatherings because interactions between officers and members of the public can develop rapidly.

However, the law requires more than mere presence at the scene. Questions regarding whether an officer was acting lawfully, whether commands were reasonably understood, and whether the accused intentionally interfered with law enforcement are often central to the defense. Video evidence and witness testimony can significantly influence the outcome of these cases.

Fireworks Investigations

Illegal fireworks have long presented public safety concerns during Fourth of July celebrations in coastal communities. Depending on the circumstances, fireworks investigations may involve municipal ordinance violations, state fireworks laws, allegations of reckless conduct, or more serious criminal charges if property damage or personal injury is alleged.

The severity of the case depends upon the facts. Prosecutors may distinguish between simple possession of prohibited fireworks and conduct that allegedly endangered others or caused significant damage. As with any criminal investigation, the prosecution bears the burden of proving each element of the charged offense beyond a reasonable doubt.

What Should You Do If You Were Arrested During the Fourth of July Weekend?

The hours and days immediately following an arrest can have a significant impact on your case. While every situation is different, there are several practical steps that can help protect your legal interests.

If possible, preserve photographs, videos, text messages, ride-share receipts, and any other information that may help establish where you were and what occurred. Identify friends or independent witnesses who observed the incident. Avoid discussing the facts of your case on social media or with individuals who are not protected by the attorney-client privilege. Most importantly, pay careful attention to any citation, release paperwork, or future court date provided by law enforcement.

Many people assume that a misdemeanor arrest arising from a crowded holiday weekend will simply disappear. That assumption can be costly. Even relatively minor criminal charges can affect employment opportunities, professional licensing, educational programs, immigration matters, and future background checks. Seeking legal advice early allows an attorney to evaluate the evidence, identify potential defenses, and begin preparing for the next stage of the criminal process before formal charges are filed.

What Happens After a Newport Beach Arrest?

Being arrested during a busy holiday weekend does not necessarily mean that criminal charges will immediately be filed. After an arrest, law enforcement prepares reports and submits the case to the appropriate prosecuting agency for review. Prosecutors evaluate the available evidence, applicable law, witness statements, photographs, video recordings, and other information before deciding whether charges should be filed.

Depending on the circumstances, a prosecutor may file the same charge listed in the arrest report, file a different charge, request additional investigation, or decline to file charges altogether if the available evidence is insufficient.

If charges are filed, the accused person will generally be required to appear in court. The first court appearance provides an opportunity to address the charges, discuss release conditions if necessary, and begin the legal process.

Why Evidence Matters

Holiday weekend arrests often occur in fast-moving situations involving large crowds. As a result, the evidence in these cases can be more complicated than it first appears.

Investigators and attorneys may review a variety of evidence, including:

• Police body-worn camera footage.
• Cell phone videos recorded by bystanders.
• Surveillance cameras from nearby businesses.
• Witness statements.
• Photographs taken during or after the incident.
• Dispatch recordings.
• Medical records when injuries are alleged.

In some situations, this evidence supports the allegations. In others, it may show that events unfolded differently than originally described or that important context was missing from the initial police report.

Can Criminal Charges Be Reduced or Dismissed?

Every criminal case is different, and no attorney can promise a particular outcome. However, California law provides several possible ways that a criminal matter may be resolved depending on the facts, the available evidence, and the person’s criminal history.

In some situations, prosecutors may determine that the evidence is insufficient to prove the allegations beyond a reasonable doubt. In other cases, negotiations may result in reduced charges or an alternative resolution. Certain misdemeanor offenses may also qualify for diversion programs or other statutory alternatives that allow a case to be resolved without a criminal conviction if all program requirements are successfully completed.

Whether these options are available depends on many factors, including the specific offense, any prior criminal history, the wishes of any alleged victim, and the circumstances surrounding the arrest.

How a Criminal Record Can Affect Your Future

Many people arrested during holiday celebrations have never before been involved with the criminal justice system. They may be students, healthcare professionals, engineers, teachers, financial professionals, business owners, military personnel, or visitors from outside California.

Even a misdemeanor conviction can have consequences beyond the courtroom. Depending on the circumstances, a criminal record may affect employment opportunities, professional licensing, graduate school admissions, housing applications, volunteer positions, immigration matters, and certain background checks.

For that reason, individuals facing criminal charges often consider not only the immediate court case but also the potential long-term impact of any conviction.

Understanding California Expungement

Many people ask whether a criminal conviction can eventually be removed from their record.

California law allows many eligible individuals who have successfully completed probation or otherwise satisfied the requirements of their sentence to petition the court for relief under Penal Code section 1203.4, commonly referred to as an expungement. If granted, the court dismisses the conviction, providing important legal benefits in many employment situations.

An expungement does not erase the historical fact that an arrest occurred, and it does not eliminate every consequence of a conviction. Certain government agencies and licensing authorities may still have access to criminal history information, and some convictions are not eligible for this form of relief. Eligibility depends on the offense, the sentence imposed, and the individual’s compliance with court orders.

In addition to expungement, California law provides other forms of post-conviction relief in certain circumstances, including record sealing and other statutory remedies. Determining which option may apply requires a careful review of the person’s criminal history and the outcome of the case.

Frequently Asked Questions

Why Choose the Law Office of Kristine Koo After a Newport Beach Fourth of July Arrest?

A criminal charge arising from the Fourth of July weekend on the Newport Beach Peninsula deserves careful attention, regardless of whether it is filed as a misdemeanor or a felony. Even offenses that may initially appear minor can have lasting consequences for employment, professional licensing, immigration status, educational opportunities, and future background checks. Having experienced legal representation early in the process can help ensure that your rights are protected and that your case is thoroughly evaluated.

Attorney Kristine Koo brings a unique perspective to criminal defense because she has served as both a former prosecutor and a former public defender before founding her criminal defense practice. Her experience on both sides of the courtroom provides valuable insight into how prosecutors review police reports, evaluate evidence, assess witness credibility, and make charging and plea negotiation decisions. That background allows her to identify legal and factual issues that may affect the outcome of a case.

The Law Office of Kristine Koo represents clients throughout Orange County who are accused of a wide range of criminal offenses, including DUI, public intoxication, resisting arrest, assault, battery, theft offenses, drug crimes, domestic violence, sex crimes, warrant matters, expungements, and other criminal cases. Whether an arrest occurred near Newport Pier, Balboa Pier, the Balboa Fun Zone, McFadden Square, Balboa Boulevard, or elsewhere on the Newport Beach Peninsula, every case receives an individualized review based on its specific facts and applicable California law.

Many Fourth of July arrests occur in crowded and fast-moving situations where witness accounts conflict, cell phone videos capture only portions of an incident, and officers must make quick decisions. The Law Office of Kristine Koo carefully examines all available evidence, including police reports, body-worn camera footage, surveillance recordings, witness statements, and other relevant materials to determine whether the prosecution can prove the charges beyond a reasonable doubt.

For many clients, protecting the future is just as important as resolving the immediate criminal case. Professionals, business owners, healthcare workers, teachers, students, and individuals holding professional licenses often have concerns about background checks, licensing requirements, and maintaining their reputations. The Law Office of Kristine Koo works with clients to evaluate both the immediate defense strategy and, when appropriate, potential post-conviction remedies such as diversion, dismissal, record sealing, or expungement under California law.

If you were arrested or cited during the July 4, 2026 celebrations on the Newport Beach Peninsula, obtaining experienced legal guidance early can help you understand the charges, the court process, your available legal options, and the steps that may help protect both your rights and your future.

What everyone person who is accused of a crime deserve someone who is competent, smart, and knows the law.  That’s a given.  But all the attorneys on the internet should carry those qualities.  Being smart and knowing the law is not enough.  Plus, what if it is just a criminal law firm mill, where you do not even talk to your attorney once you hand them over your money!?  

Here are three things one should look for in finding the right attorney for you: 

Trust

Your attorney must be confident and you must have confidence in your attorney.  Your attorney is going to be advising you on some of the hardest decisions you will be making regarding your life.  And, if you trust them, you will avoid a lot of heartache.  Let me give you an example.  

Let’s say you are facing a serious and violent felony.  The way the prosecutor filed the complaint against you prohibits you from getting probation.  You tell your attorney, “I want to go to trial” because you “ain’t going to take that prison plea offer.”  You pay a huge retainer fee, your attorney prepares your case for trial, and tells you that there is a great chance that you may lose.  Now, you think there is a possibility of hope that you can win.  

Your attorney has a few options here to try to negotiate your case.  Your attorney can either try to get the district attorney to dismiss one or two of the counts on your complaint/information to make your case eligible for probation, or they can do a chambers conference with the judge to see if the judge can give a court offer.  The DA won’t budge, but the judge proposes the mitigated/lowest term of 5 years in prison, while you are looking at 18 years in prison, max, and at least 10 years in prison if you lose at trial.  

In this particular situation, you need to trust your attorney’s advice.  If you don’t, when your attorney tells you, “this may not be the best case to go to trial,” then you will disregard what they say, simply because you don’t trust them.  And, when you do not trust them, you will likely get into a worst off situation, because you end up not taking the 5 years, go to trial, and when you lose, because your attorney told you – you may lose, you end up getting 10-12 years, as your attorney may have said would have happened. 

Yes, it should be a given your attorney is competent, smart, and knows the law.  But, you must be able to trust them in order to best achieve the greatest results-for you.  It’s a gut thing, and not a monetary/popular/most loved-thing.  

So, just because you pay, $40,000 for an attorney, that does not mean you will achieve the best result.  Or, just because the attorney has the most “likes” or google reviews, does not mean you will trust your attorney.  You need to feel it when you speak to that attorney in the initial consultation, that you can build a relationship with this attorney, so much so that, when the time comes to make that hard decision as to whether to plead or go to trial, fight the case, or settle, you know you will be making the right decision.  

Relationship with the district attorneys

Let me explain this one through a personal example.  

I was retained on a Petition for a Certificate of Rehabilitation.  I filed the paperwork, as one does, because again, it should be a given your attorney is competent, smart, and knows the law.  I do all the things an attorney should do to get the hearing, serve all the right people, and draft the motion. 

Well, in this particular scenario, after sending in 100s of documents to the district attorney’s office, showing the client finished drug treatment, had a job, bought a house, fostered children, volunteered heavily in the community, etc., the district attorney handling the matter, called my personal cell phone.  She literally said on the phone, “I was going to file an opposition, but then I looked at who the criminal defense attorney that was filing the petition, and thought – Hmmm – I know her, I am just going to give her a call.”  And, that is what she did.  

This district attorney, who I had a personal relationship with, because I primarily practice law in Orange County, and maintain good relationships with the district attorneys, called me to tell me what she thought could help my client’s Petition.  And, that if I just submitted this missing material, which she thought was important, she would not oppose our petition, and in fact, support the petition for certificate of rehabilitation to be granted.  Now, this is powerful.  Because I maintained and kept good relationships with the district attorneys I worked with, she was able to come to me and tell me that she would basically not oppose our Petition, if she had this one thing she personally wanted to see, that would prove to her my client was rehabilitated.  

My client benefited from this relationship, and his Petition was granted on the spot, when we went to court.  There was no arguing or questioning of my client.  The district attorney and I worked together to get my client the results he wanted.  

Good reputation

Your attorney should be smart, competent, and know the law.  But, if they do not have a good reputation in the courthouse, you may not be getting any favors.  

If the judge know your attorney, and your attorney needs a continuance, because you, as the client, are just not ready to take that plea or go to trial, guess what?  If your attorney has a good reputation, with the judge and the district attorney, you will probably get that continuance, and everyone will be willing to work with your attorney.  Why?  Because they have a good reputation.  

However, if your attorney does not know the judge, does not primarily practice in Orange County, the judge or district attorney, may not give your attorney the benefit of the doubt, and oppose the continuance.  These little things count.  Good relationships with the clerks, judges, and attorneys, could make your case a whole lot easier.